Acceptable Use Policy

This Acceptable Use Policy (AUP) is incorporated by reference in your hosting services agreement with IT Monteur.

Your services may be suspended or terminated for violation of this AUP in accordance with your hosting services agreement with IT Monteur.

Inquiries regarding this policy should be directed to abuse@itmonteur.net.

Abuse

You may not use IT Monteur’s network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network Interference with service to any user of the IT Monteur or other network including, without limitation, mail bombing, flooding, deliberate or non deliberate attempts to overload a system and broadcast attacks

Use of an Internet account or computer without the owner’s authorization
Collecting or using email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting)
Collecting or using information without the consent of the owner of the information
Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting
Use of the service to distribute software that covertly gathers information about a user or covertly transmits information about the user
Use of the service for distribution of advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “ad/remove” tool)
    Any conduct that is likely to result in retaliation against the IT Monteur network or website, or IT Monteur’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS)Bulk Email You may not use a IT Monteur Mail Service or IT Monteur’s Microsoft Exchange® to send bulk mail. Please see the applicable Product Terms and Conditions for those services. You may use your dedicated hosted system to send bulk mail, subject to the restrictions in this Acceptable Use Policy.

Mail Requirements

You must comply with the CAN-SPAM Act of 2003 and other laws and regulations applicable to bulk or commercial email. In addition, your bulk and commercial email must meet the following requirements:
Your intended recipients have given their consent to receive email from you via some affirmative means, such as an opt-in procedure
Your procedures for seeking consent include reasonable means to ensure that the person giving consent is the owner of the email address for which consent is given
You retain evidence of each recipient’s consent in a form that can be promptly produced on request, and you honor recipient’s and IT Monteur’s requests to produce consent evidence within 72 hours of receipt of the request
You have procedures in place that allow a recipient to revoke their consent – such as a link in the body of the email, or instructions to reply with the word “Remove” in the subject line and you honor revocations of consent within 48 hours, and you notify recipients that the revocation of their consent will be implemented in 48 hours
    You must post an email address for complaints (such as abuse@yourdoman.com) in a conspicuous place on any website associated with the email, you must register that address at abuse.net, and you must promptly respond to messages sent to that address
    You must have a Privacy Policy posted for each domain associated with the mailing
    You have the means to track anonymous complaints
    You may not obscure the source of your email in any manner, such as omitting, forging, or misrepresenting message headers or return addresses. Your email must include the recipients email address in the body of the message or in the “TO” line of the email
    The subject line of the email must clearly describe the subject matter contained in the email, and the message must include valid contact information
    You must not attempt to send any message to an email address if 3 consecutive delivery rejections have occurred and the time between the third rejection and the first rejection is longer than fifteen days
    We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account.  If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. VPS, Cloud or Dedicated customers are able to exceed these mailing limits within their isolated environments.
    Additionally, not more then 50% of utilized bandwidth within a shared hosting account can be used towards email

These policies apply to messages sent using your IT Monteur services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site or an email address hosted via your IT Monteur service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists prepared by third parties to the same extent as if the list were created by you.

IT Monteur may test and otherwise monitor your compliance with its requirements. IT Monteur may block the transmission of email that violates these provisions. IT Monteur may, at its discretion, require certain customers to seek advance approval for bulk and commercial email, which approval will not be granted unless the customer can demonstrate that all of the requirements stated above will be met.

Unsolicited Communications

You may not use your service to send email or any other communications to a person who has indicated that they do not wish to receive it. If the communication is bulk mail, then you will not be in violation of this section if you comply with the 48 hour removal requirement described above.

Vulnerability Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a IT Monteur system or network, or to breach IT Monteur’s security or authentication measures, whether by passive or intrusive techniques, without IT Monteur’s express written consent.

Newsgroup, Chat Forums, Other Networks

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

You must comply with the rules of any other network you access or participate in using your IT Monteur services.

Offensive Content

You may not publish, transmit or store on or via IT Monteur’s network and equipment any content or links to any content that IT Monteur reasonably believes:

    Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, or non-consensual sex acts
    Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
    Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes
    Is defamatory or violates a person’s privacy
    Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
    Improperly exposes trade secrets or other confidential or proprietary information of another person
    Is intended to assist others in defeating technical copyright protections
    Infringes on another person’s copyright, trade or service mark, patent, or other property right
    Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking
    Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to IT Monteur
    Is otherwise malicious, fraudulent, or may result in retaliation against IT Monteur by offended viewers or recipients, or is intended to harass or threaten.

Content “published or transmitted” via IT Monteur’s network or equipment includes Web content, email, bulletin board postings, chat, tweets, and any other type of posting or transmission that relies on the Internet.

Live Events You may not use your IT Monteur services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP. IT Monteur may prohibit you from streaming other live events where there is a special risk, in IT Monteur’s reasonable discretion, that the event may violate the Offensive Content section above.

Copyrighted Material

You may not use IT Monteur’s network or services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image, or other work protected by copyright law unless:

    You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner
    You are otherwise permitted by established copyright law to copy the work in that manner

It is IT Monteur’s policy to terminate in appropriate circumstances the services of customers who are repeat infringers.

Shared Systems

You may not use any shared system provided by IT Monteur in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may prohibit the automated or scripted use of IT Monteur Mail Services if it has a negative impact on the mail system, or we may require you to repair coding abnormalities in your  code if it unnecessarily conflicts with other customers’ use of the shared environment. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.

Other

    You must have valid and current information on file with your domain name registrar for any domain hosted on the IT Monteur network
    You may only use IP addresses assigned to you by IT Monteur in connection with your IT Monteur services
    You agree that if the IT Monteur IP numbers assigned to your account are listed on an abuse database like Spamhaus, you will be in violation of this AUP, and IT Monteur may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions
    You agree that if you register a DNS record or zone on IT Monteur managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact according to the registrars WHOIS system, that, upon request from the registrant or administrative contact according to the registrars WHOIS system, IT Monteur may modify, transfer, or delete such records or zones

Resellers Hosting Server Resource Utilization

Reseller clients are bound by the same server resource rules as presented above. Additionally, resellers are required to spread their accounts across multiple servers. Our pricing and model is designed as such. having said this, A reseller is not permitted to utilize more then 10% of their total resource allocation towards a single account. It is also required that resellers create a separate account for each end user customer (ie 1 customer = 1 account). If a reseller has an account who’s requirements are greater then 10% of the UR1-UR9 plans, it is recommended to look at a VPS, Cloud or Dedicated solution for that client. Please contact our sales or support department for more information.

Subscription

IT Monteur offers a subscription based hosting services.  Customers may select between monthly, quarterly, semi-annual, and yearly subscription model.  Accepted payment methods include all major credit cards (Visa, MasterCard, American Express), PayPal and EFT withdrawals (Canada Only).  It is understood that monthly fees will be withdrawn on the due date and that clients are responsible for keeping their billing profile up to date in order to maintain their subscription to IT Monteur’s Hosting and Related services.

Cancellation Policy

    Upon receiving a cancellation request, all data will be immediately removed from our servers and your account will be canceled.
    If the cancellation occurs within the first 30 days of service, a full money back request can be requested and will be issued less any merchant processing fees.
    Any Dedicated server, Dedicated Cluster, Cloud, VPS or VDC is not eligible for the 30 day money back guarantee (exceptions to this may be made, however, a special request must be made in writing and will be determined on a case by case basis).  After the 30 day money back guarantee period, IT Monteur does not provide partial monthly credits.
    IT Monteur strongly urges and recommends customers pay on a monthly basis.  Refunds for longer pre-paid terms may be granted upon cancellation at the sole discretion of IT Monteur outside of the 30 day money back guarantee period.  Refunds when granted are subject to an additional cancellation fee of $50.00 plus any merchant processing fees.  All fees and/or payments to IT Monteur will remain as credits on the account until exhausted.
    Shared/Reseller and VPS accounts can be canceled at any time and without notice.  Cancellations will be processed immediately upon receipt of the cancellation request.
    All dedicated servers are on a monthly based contract and require a 30 day notice of cancellation (1 billing cycle).

Delinquent Accounts

Accounts in arrears will be suspended after 10 days and all data will be removed from our servers 30 days after their suspension.  Once data has been removed, it will not be retrievable.

SLA

No credit will be available under a IT Monteur service level guaranty or agreement for interruptions of service resulting from AUP violations.

Jurisdiction

If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site or our services, the laws of Canada will apply.  You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Canada, and waive any right that you may have to object to an action being brought in those courts.  To the maximum extent permitted by law, this agreement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of our services.

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